William R. Day

“ We do not think that the sentence and judgment violated the statute providing that no person shall be imprisoned for debt.
As to the second objection, that the court should have dismissed the cause without prejudice to the right of instituting a civil action, the argument seems to be that this should be so because the payment of the money adjudged, or suffering the 'subsidiary imprisonment' imposed, would not, as the supreme court adjudged, bar the creditor from a civil action to recover any sum which he might prove to be due in excess of the judgment rendered in the present case. ”

“ Section 5, article 535, of the Penal Code, provides that those who, to the prejudice of another, shall appropriate or misapply any money, goods, or any kind of personal property which they may have received as a deposit on commission for administration, or in any other character producing the obligation to deliver or return the same, or who shall deny having received it, shall incur certain penalties. ”